2021 (6) TMI 89

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....any, seeking thereof to restore the name of the company in the Register maintained by the Respondent. 2. The Applicant Company was incorporated on 20.09.2013 bearing and having its registered office at 37, 38 Periyanayaki Street, Lakshmanan Nagar, Kandanchavadi, Chennai - 600 096, falling within the jurisdiction of Registrar of Companies, Chennai. As per the Memorandum of Association, the main object of the Company is to carry on the business of software designing development, customisation, implementation maintenance, etc. The details of the main objects are set out in the Memorandum of Association, which is filed along with the typed set. 3. The Learned Authorized Representative for the Applicant submitted that the Company has been ....

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....e register. (B) The subject company may kindly be directed to file all pending financial statements and annual returns till date within specified time in case the prayer is granted. (C) The shareholders of the subject company may kindly be directed to give an undertaking stating that the accounts of the company were not used as means to transact tainted money during the period of demonetization. (D) To pass such order which does not entitle the petitioner and other directors of the subject company to use this order before any legal forum to remove the disqualification incurred upon them, if any, as per Section 164 of Companies Act, 2013 (E) To pass such other orders as deemed fit and proper in the circums....

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....nal feels that it is 'just' that the name of the Company is required to be restored back in the Register maintained by the Respondent. 7. The Applicant Company has filed sufficient documents in order to demonstrate that the Company is active and carrying on the business and substantiated that it is 'just' that the name of the Applicant Company is required to be restored. Thus, this Tribunal is of the view that the name of the Applicant Company is required to be restored in the Register maintained by the Respondent RoC. However, even though it will not absolve the Company from filing the necessary returns and documents and adhere to the provisions of Companies Act, 2013 as an onus is placed on the Company to strictly compl....

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.... compliances statutorily required to be made under the Companies Act, 2013 for the period from which there has been default with requisite charges/fees as well as additional fee/late charges. (iii) That the Restoration of the Company's name is also subject to the payment of cost of Rs. 50,000/- (Rupees Fifty Thousand Only) through online payment in www.mca.gov.in under miscellaneous fees by mentioning the particulars as "payment of cost for revival of Company". (iv) Till all compliances are made by the Company, the Company shall not alienate or dispose of any of its valuable assets. (v) It is further observed that by virtue of this order of restoration of the name of Company in the register it will not entitle....